773-SCSO Dispatching FY 2012-2016 AGREEMENT BETWEEN
the
SEMINOLE COUNTY SHERIFF'S OFFICE
and the y''
CITY OF SANFORD
for
POLICE DISPATCHING SERVICES
THIS AGREEMENT is made and entered into by and between DONALD F.
ESLINGER, Seminole County Sheriffs Office, hereinafter referred to as "SHERIFF ", a
Constitutional Officer of the political subdivision of Seminole County, State of Florida,
whose address 100 Bush Boulevard, Sanford, Florida 32773, and the City of Sanford,
hereinafter referred to as "SANFORD ", whose address is 300 North Park Avenue,
Sanford, FL., 32771.
WITNESSETH:
WHEREAS, in accordance with Sections 163.01 (2) and 163.01 (14), Florida Statutes,
and other controlling law, the SHERIFF and SANFORD are authorized to enter into
inter -local agreements for the provision of services; and
WHEREAS, the SHERIFF maintains seven days per week, twenty -four hour per day law
enforcement dispatching services; and
WHEREAS, SANFORD has determined that it is advantageous for SANFORD and the
City's residents to contract with the SHERIFF for the provision of police dispatching
services,
NOW, THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the SHERIFF and SANFORD agree as follows:
1. Term and Termination
The term of this Agreement shall be from October 1, 2012 until September 30,
2016, the dates of signature of the parties notwithstanding, and shall be renewable
in single or multiple year increments thereafter upon mutual written agreement by
both parties and in accordance with applicable clauses set forth herein.
This Agreement may be terminated by either party, with or without cause by
providing six months written notification in advance to the other party. In the event
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of termination, payment for services will be prorated to coincide with the date of
termination.
2. Purpose
The purpose of this Agreement is to provide specific services, i.e.; police
dispatching to the SANFORD Police Department and SANFORD residents as
requested by SANFORD.
3. Third Party Beneficiaries
This Agreement is intended to apply to the two parties to this Agreement only and
there are no third party beneficiaries to this Agreement.
4. Cooperation
It is agreed that both parties shall provide all reasonable and necessary cooperation
and assistance so as to facilitate this Agreement.
5. Basic Services
1. The SHERIFF agrees to:
A. Provide all police dispatching services required by the SANFORD Police
Department within the corporate limits of SANFORD twenty -four hours per
day, seven days per week. Calls for such services are to be directed to
telephone numbers to be provided by the SHERIFF, in addition to 911 calls,
and the SHERIFF will dispatch SANFORD police units in response.
B. Provide necessary instruction and training in SHERIFF's radio protocol and
communications procedures necessary for the provision of dispatch services.
C. Maintain a numbered zone or other appropriate means of identification for
calls received and dispatched for SANFORD.
D. Keep adequate records and provide report data to SANFORD in such
formats and at such time intervals mutually agreed upon by both parties.
E. Provide the SANFORD Police Department twenty -four hours a day, seven
days a week access to information contained in the Florida Crime
Information Center System (FCIC), National Crime Information Center
System (NCIC), National Law Enforcement Telecommunications System
(NLETS), other State and national criminal justice information systems,
motor vehicle registry, drivers license registry, boat registry, and
administrative information systems and other such databases currently
available to law enforcement agencies.
F. Provide for sufficient number of personnel, appropriately qualified to
perform those services set forth within this Agreement.
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2. SANFORD agrees to:
A. Ensure that the SANFORD Police Department observes the instructions and
standard operating procedures to be provided by the SHERIFF for radio
protocol and for coordination of dispatching efforts under this Agreement.
B. Provide adequate radio equipment compatible with communications
equipment utilized by the SHERIFF, to SANFORD police officers.
C. In situations where the SANFORD Chief of Police or another responsible
officer needs to dispatch SANFORD police officers, the SHERIFF's
dispatcher is to be notified as soon as possible as to the nature of the call and
the location to which the police unit was dispatched.
D. SANFORD shall designate one employee to act as a liaison between its
Police Department and the SHERIFF on issues pertaining to dispatch and
records management as set forth within this Agreement. The SANFORD
Chief of Police shall also advise the SHERIFF as to which types of calls
reported and /or dispatched require notification to the Chief, or designee.
E. If SANFORD continues to maintain a police department telephone number
that can be reached by the public during the day, SANFORD will make
arrangements for calls to this number to be referred to SHERIFF's
dispatching during hours when the SANFORD'S number is not being
manned.
F. It is understood by SANFORD that the services called for in this Agreement
do not include dispatching for non - police service activities, telephone
complaint report writing or walk -in complaints handled by the SHERIFF.
3. BOTH PARTIES agree:
A. To fully comply with all terms set forth in this Agreement including any
attachments thereto, between the SHERIFF and the SANFORD Chief of
Police. Said attachments are attached hereto and incorporated herein by
reference.
B. That the SHERIFF shall have and maintain all responsibility and control
over the delivery of services as set forth herein, standards of performance,
discipline of personnel and other matters incident to the performance of
services, duties and responsibilities described and contemplated herein,
including the determination of wages and benefits for transferred
employees.
6. Other Considerations — Value of Computer Services
It is understood by both parties, that the SHERIFF shall also continue to provide to
SANFORD, specifically for use by the SANFORD Police Department, at no cost,
the following computer software packages developed by the SHERIFF and annual
maintenance and upgrades pertaining to said software:
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➢ Records Management System (RMS)
➢ Computer Aided Dispatch (CAD)
➢ Mobile Report Writing
➢ Mobile CAD
7. Compensation and Payment
A. SANFORD agrees to reimburse the SHERIFF for dispatching services rendered
as set forth in this Agreement for FY 2012/13 commencing October 1, 2012 and
ending September 30, 2013 in the amount of $575,637.00 payable quarterly in
accordance with the following schedule:
Performance Period Payment Amount Payment Due
Oct. 1, 2012 —Dec. 31, 2012 $143,909.25 Jan. 15, 2013
Jan. 1, 2013 — Mar. 31, 2013 $143,909.25 Apr. 15, 2013
Apr. 1, 2013 — Jun. 31, 2013 $143,909.25 Jul. 15, 2013
Jul. 1, 2013 — Sep. 30, 2013 $143,909.25 Oct. 15, 2013
B. Subsequent Fiscal Years
For all fiscal years subsequent to fiscal year 2012/13 the SHERIFF shall, no
later than June 1st of each year, submit to SANFORD the proposed cost for
providing dispatch services as set forth in this Agreement for the upcoming
fiscal g g ear beginning October 1 This proposed ro osed cost shall be a reflection of the
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SHERIFF's determination of SANFORD'S fair share of the Sheriff's Office
Communications Center budget for the coming fiscal year. This proposed cost
shall not be binding upon SANFORD and shall be subject to negotiation
between SANFORD and the SHERIFF.
Payments from SANFORD to the SHERIFF for services rendered in subsequent
fiscal years by the SHERIFF to SANFORD shall be made in accordance with
the following schedule and upon execution by the parties of a written and
approved Addendum to this Agreement identifying the Fiscal Year cost.
Percentage of Annual
Performance Period Total Due Payment Due
Oct. 1 — Dec. 31 25 % Jan. 15
Jan. 1 — Mar. 31 25 % Apr. 15
Apr. 1 — June 30 25 % July 15
July 1 — Sept. 30 25 % Oct. 15
C. Payments to be Sent To
All payments from SANFORD to the SHERIFF shall be sent to the following
address:
Seminole County Sheriff's Office
Financial Services Section
100 Bush Boulevard
Sanford, FL. 32773
Ref: Dispatching Services Agreement
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8. Indemnification
Pursuant to 768.28(19), Florida Statutes, neither the SHERIFF nor SANFORD
waives any defense of sovereign immunity, or increases the limits of its liability,
upon entering into this Agreement. This Agreement does not contain any provision
that requires one party to indemnify or insure the other party for the other party's
actions, or to assume any liability for the other party's actions.
Both PARTIES agree that SANFORD'S determination to cause the provision of
services by this Agreement is an exercise of the planning level or legislative
function of SANFORD and that at no time will SANFORD exercise any specific
operational control over the activities of the SHERIFF.
9. Dispute Resolution
This Agreement shall be governed by and construed with the laws of the State of
Florida. Venue shall be in Seminole County, Florida. The SHERIFF or his
appointed designee and the SANFORD Chief of Police, or designee, shall resolve
minor disputes.
10. Notices
Whenever any party desires to give notice unto the other party, notice may be sent
to:
For SHERIFF
Ms. Ramona Rumph, Senior Manager
Seminole County Sheriffs Office
100 Bush Boulevard
Sanford, Florida, 32773
For SANFORD
Chief of Police
Sanford Police Department
815 Historic Goldsboro Blvd.
Sanford, FL., 32771
11. Entire Agreement
It is understood and agreed that the entire agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter hereof, as well as any previous
agreement presently in effect between the parties relating to the subject matter
hereof. Any alterations, amendment, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing, approved by the
respective parties and duly executed on behalf of each party as set forth herein.
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IN WITNESS WHEREOF, the parties to this Agreement have caused their name to be
affixed hereto by the proper officers thereof for the purposes herein expressed.
City of SANFORD Sem' . le i unty Sheriff's Office
• ,
By: J • . - ( P, ► By.nonald F. Eslinger,
c , Mayor 1� Seminole o ty Sheriff
at GI-
Date Date
Attest:
i y: Jan Dougherty, 1
City Clerk
Date
Approved as to form and legality.
y: Lonnie N. Groot,
-City Atto
2_
Date
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Attachment A — Dispatching Services Agreement
Memorandum of Agreement — NCIC /FCIC
This Memorandum of Agreement shall be considered by reference, inclusive of the
Agreement for Dispatching Services entered into between the City of Sanford
(SANFORD) and the Seminole County Sheriff's Office (SHERIFF).
In accordance with policies and procedures set forth by the Federal Bureau of
Investigation (FBI) and the Florida Department of Law Enforcement (FDLE) concerning
the use of NCIC and FCIC databases, the following applies:
➢ The SANFORD Police Department hereinafter shall be referred to as the Owner of
the Record.
➢ The Seminole County Sheriff's Office shall hereinafter be referred to as the Holder
of the Record.
➢ The Seminole County Sheriff's Office Communications Center shall be
responsible for entering records into the NCIC /FCIC automated systems.
The Holder of the Record shall be responsible for updating all records maintained in the
NCIC and /or FCIC automated systems.
The Holder of the Record shall be responsible for confirming a hit on a record in
accordance with policies and procedures established by the FBI/NCIC and the
FDLE /FCIC system on behalf of the Seminole County Sheriff.
The Holder of the Record shall be responsible for removing records from the file in
accordance with established NCIC /FCIC policies and procedures.
The Owner of the Record shall notify the Holder of the Record immediately when any
record covered under the terms of this Agreement is to be cancelled or modified in
accordance with applicable NCIC /FCIC procedures.
The Owner of the Record shall provide complete supporting documentation to the
Holder of the Record prior to initial record entries being made.
The Owner of the Record shall validate each record covered under the terms of this
Agreement in accordance with NCIC /FCIC policies and procedures.
If the SANFORD Police Department maintains a direct connect NCIC /FCIC workstation,
nothing in the Agreement negates the requirement of the SANFORD Police Department
from maintaining a signed FDLE Criminal Justice User Agreement.
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